The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1887-03-24
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AN ACT giving labor the right Of first lien and
material furnished q second lien on all Drop
erty.
Be it enacted by the Legislature Of the State Of
SECTION l. That on and after the passage Of
this act all labor performed by contract by the
day on any building article or utility or that has
entered into the construction of ANYTHING shall
be first lien thereon TO the full amount of the
money or other consideration agreed upon be-
tween the owner or employer and employe.
whether the person performing the labor be .
contractor. subcontractor or working for wages:
and in addition to the lien for labor there shall
be added thereto sum to cover costs and .
reasonable amount for an attorneys fee.
Sec 2. All material furnished in the con-
struction or building or in aid thereof Of any
building article or utility or anything what
ever, shall be a second lien thereon, whether it
be real estate, homestead, personal property or
otherwise, to the full amount of money or other
consideration agreed upon and all costs and an
attorneys fee not exceeding ten dollars $40.
in the discretion of the court: Provided, that
any person wishing to file a lien und der the pro-
visions OF this act having furnished both labor
and material shall specify the amount Of labor
and material as separate items in one statement.
but the amount for material shall not be paid
until all claims for labor are satisfied.
SEC J. ANY contractor or subcontractor re-
ceiving the full amount Of the money or other
consideration due on his contract and fail
ing to pay the person performing any labor
or furnishing any material expended or used
in the construction OF any building ar
ticle or utility, thereby allowing lien to be filed
obtaining money under false pretenses, and may
be punished under the statute made and pro-
vided for that Oirense
SEC 4. Any lien filed under the provisions Of
this act must be filed in the office OF the register
OF deeds of the county where such labor was per-
formed and material furnished within ninety
900 days from the last day on which any labor
was performed or material furnished by leaving
with the register Of deeds IL statement Of tho
amount OF labor performed and material fur
nished: and the register Of deeds shall make q
record of such filing by making all entry. in .
book kept for the purpose. Of the date OF filing
and amount of claim. and shall place the state
ment on file. Any OF the parties interested shall
have the right to examine the statement on file.
The parties filing lien shall also serve COPY
OF such lien on the owner or agent of the prop
ertv against which the lien is filed. The record
of ownership in the office of the register of deeds
shall be satisfactory evidence OF ownership.
SEC 5. The fact that the person performing
labor or furnishing material was not enioned BY
law from performing labor or furnishing mate
rial, by the person in whom the title was vested
rial furnished shall be conclusive evidence that
it was with and by the consent of the owner
that such labor was performed and material
SEC. &. Any person filing lien shall bring
sui; for recovery within four "a months after
such lien is filed.
any claim of one hundred dollars ($1OO and I'M
der for the foreclosure OF liens on personal prop
SEC 8. The court granting judgment under
this act shall Immediately order the sheriff to
publish a notice of sale Of the property on which
the lien was filed. The notice shall be published
for three 81 consecutive weeks in a newspaper
published in the county where the lien filed.
and ii there is no newspaper then by posting a
notice in a conspicuous place in the court house
and three 81 other places in the county for the
same length Of time. Thirty (3O days after the
first publishing or posting such notice the
sheriff shall sell at public auction in front Of the
court house to the highest bidder sufficient
quantity OF the property to satisfy all claims,
and the sheriff shall give deed where the prop
10 tof0 001 hill <,< o!o t>r~ %h<.~
property, which shall convey the property and
take precedence OF any other title. Provided,
the property NAV be redeemed at any time with
in one year from the date of sale by the person
in whom the title was vested, at the time Of sale.
paying the principal COSTS attorneys fees, and
interest at the legal rate
SEC. 9. Where practical the property may be
divided At the option of the owner and sufficient
sold to pay all lawful demands and any sum